[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1734 Engrossed in House (EH)]

112th CONGRESS
  2d Session
                                H. R. 1734

_______________________________________________________________________

                                 AN ACT


 
    To decrease the deficit by realigning, consolidating, selling, 
disposing, and improving the efficiency of Federal buildings and other 
            civilian real property, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civilian Property Realignment Act'' 
or ``CPRA''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to consolidate the footprint of Federal buildings and 
        facilities;
            (2) to maximize the utilization rate of Federal buildings 
        and facilities;
            (3) to reduce the reliance on leased space;
            (4) to sell or redevelop high value assets that are 
        underutilized to obtain the highest and best value for the 
        taxpayer and maximize the return to the taxpayer;
            (5) to reduce the operating and maintenance costs of 
        Federal civilian real properties through the realignment of 
        real properties by consolidating, co-locating, and 
        reconfiguring space, and other operational efficiencies;
            (6) to reduce redundancy, overlap, and costs associated 
        with field offices;
            (7) to create incentives for Federal agencies to achieve 
        greater efficiency in their inventories of civilian real 
        property;
            (8) to facilitate and expedite the sale or disposal of 
        unneeded civilian properties; and
            (9) to assist Federal agencies in achieving the 
        Government's sustainability goals by reducing excess space, 
        inventory, and energy consumption, as well as by leveraging new 
        technologies.

SEC. 3. DEFINITIONS.

    In this Act, unless otherwise expressly stated, the following 
definitions apply:
            (1) Federal civilian real property and civilian real 
        property.--
                    (A) Property.--The terms ``Federal civilian real 
                property'' and ``civilian real property'' refer to 
                Federal real property assets, including public 
                buildings as defined in section 3301 of title 40, 
                United States Code, occupied and improved grounds, 
                leased space, or other physical structures under the 
                custody and control of any Federal agency.
                    (B) Further exclusions.--Subparagraph (A) shall not 
                be construed as including any of the following types of 
                property:
                            (i) A base, camp, post, station, yard, 
                        center, homeport facility for any ship, or any 
                        activity under the jurisdiction of the 
                        Department of Defense or Coast Guard.
                            (ii) Properties that are excluded for 
                        reasons of national security by the Director of 
                        the Office of Management and Budget.
                            (iii) Properties that are excepted from the 
                        definition of ``property'' under section 102(9) 
                        of title 40, United States Code.
                            (iv) Indian and Native Alaskan properties 
                        including--
                                    (I) any property within the limits 
                                of any Indian reservation to which the 
                                United States owns title for the 
                                benefit of an Indian tribe; and
                                    (II) any property title which is 
                                held in trust by the United States for 
                                the benefit of any Indian tribe or 
                                individual or held by an Indian tribe 
                                or individual subject to restriction by 
                                the United States against alienation.
                            (v) Properties operated and maintained by 
                        the Tennessee Valley Authority pursuant to the 
                        Tennessee Valley Authority Act of 1933 (16 
                        U.S.C. 831 et seq.).
                            (vi) Postal properties owned by the United 
                        States Postal Service.
                            (vii) Properties used in connection with 
                        Federal programs for agricultural, 
                        recreational, and conservation purposes, 
                        including research in connection with the 
                        programs.
                            (viii) Properties used in connection with 
                        river, harbor, flood control, reclamation, or 
                        power projects.
                            (ix) Properties located outside the United 
                        States operated or maintained by the Department 
                        of State or the United States Agency for 
                        International Development.
            (2) Federal agency.--The term ``Federal agency'' means an 
        executive department or independent establishment in the 
        executive branch of the Government, and a wholly owned 
        Government corporation.
            (3) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (4) Commission.--The term ``Commission'' means the Civilian 
        Property Realignment Commission.
            (5) OMB.--The term ``OMB'' means the Office of Management 
        and Budget.
            (6) Field office.--The term ``field office'' means any 
        Federal office that is not the Headquarters office location for 
        the Federal agency.

SEC. 4. COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the Civilian Property Realignment Commission, referred 
to in this Act as the ``Commission''.
    (b) Duties.--The Commission shall carry out the duties as specified 
in this Act.
    (c) Membership.--
            (1) In general.--The Commission shall be composed of a 
        Chairperson appointed by the President, by and with the advice 
        and consent of the Senate, and eight members appointed by the 
        President.
            (2) Appointments.--In selecting individuals for 
        appointments to the Commission, the President shall consult 
        with--
                    (A) the Speaker of the House of Representatives 
                concerning the appointment of two members;
                    (B) the majority leader of the Senate concerning 
                the appointment of two members;
                    (C) the minority leader of the House of 
                Representatives concerning the appointment of one 
                member; and
                    (D) the minority leader of the Senate concerning 
                the appointment of one member.
            (3) Terms.--The term for each member of the Commission 
        shall be 6 years.
            (4) Vacancies.--Vacancies shall be filled in the same 
        manner as the original appointment.
            (5) Qualifications.--In selecting individuals for 
        appointment to the Commission, the President shall ensure the 
        Commission contains individuals with expertise representative 
        of the following:
                    (A) Commercial real estate and redevelopment.
                    (B) Government management or operations.
                    (C) Community development, including transportation 
                and planning.
                    (D) Historic preservation.

SEC. 5. COMMISSION MEETINGS.

    (a) Open Meetings.--Each meeting of the Commission, other than 
meetings in which classified information is to be discussed, shall be 
open to the public. Any open meeting shall be announced in the Federal 
Register and the Federal website established by the Commission at least 
14 calendar days in advance of a meeting. For all public meetings, the 
Commission shall release an agenda and a listing of materials relevant 
to the topics to be discussed.
    (b) Quorum and Meetings.--Seven Commission members shall constitute 
a quorum for the purposes of conducting business and three or more 
Commission members shall constitute a meeting of the Commission.
    (c) Transparency of Information.--All the proceedings, information, 
and deliberations of the Commission shall be open, upon request, to the 
Chairperson and the ranking minority party member, and their respective 
subcommittee Chairperson and ranking minority party member, of--
            (1) the Committee on Transportation and Infrastructure of 
        the House of Representatives;
            (2) the Committee on Oversight and Government Reform of the 
        House of Representatives;
            (3) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (4) the Committee on Environmental and Public Works of the 
        Senate; and
            (5) the committees on Appropriations of the House of 
        Representatives and the Senate.
    (d) Government Accountability Office.--All proceedings, 
information, and deliberations of the Commission shall be open, upon 
request, to the Comptroller General of the United States.

SEC. 6. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--
            (1) Rate of pay for members.--Each member, other than the 
        Chairperson, shall be paid at a rate equal to the daily 
        equivalent of the minimum annual rate of basic pay payable for 
        level IV of the Executive Schedule under section 5315 of title 
        5, United States Code, for each day (including travel time) 
        during which the member is engaged in the actual performance of 
        duties vested in the Commission.
            (2) Rate of pay for chairperson.--The Chairperson shall be 
        paid for each day referred to in paragraph (1) at a rate equal 
        to the daily equivalent of the minimum annual rate of basic pay 
        payable for level III of the Executive Schedule under section 
        5314, of title 5, United States Code.
    (b) Travel.--Members shall receive travel expenses, including per 
diem in lieu of subsistence, in accordance with sections 5702 and 5703 
of title 5, United States Code.

SEC. 7. EXECUTIVE DIRECTOR.

    (a) Appointment.--The Commission shall appoint an Executive 
Director and may disregard the provisions of title 5, United States 
Code, governing appointments in the competitive service.
    (b) Rate of Pay for Director.--The Executive Director shall be paid 
at the rate of basic pay payable for level IV of the Executive Schedule 
under section 5315 of title 5, United States Code.

SEC. 8. STAFF.

    (a) Additional Personnel.--Subject to subsection (b), the Executive 
Director, with the approval of the Commission, may appoint and fix the 
pay of additional personnel.
    (b) Detail Employees From Other Agencies.--Upon request of the 
Executive Director, the head of any Federal agency may detail any of 
the personnel of that agency to the Commission to assist the Commission 
in carrying out its duties under this Act.
    (c) Qualifications.--Appointments shall be made with consideration 
of a balance of expertise consistent with the qualifications of 
representatives described in section 4(c)(5).

SEC. 9. CONTRACTING AUTHORITY.

    (a) Experts and Consultants.--The Commission, to the extent 
practicable and subject to appropriations made by law, shall use 
existing contracts entered into by the Administrator for services 
necessary to carry out the duties of the Commission.
    (b) Space.--The Administrator, in consultation with the Commission, 
shall identify suitable excess space within the Federal space inventory 
to house the operations of the Commission.
    (c) Personal Property.--The Commission shall use personal property 
already in the custody and control of the Administrator.
    (d) Use of Small Businesses.--In exercising its authorities under 
this section and section 12, the Commission shall use, to the greatest 
extent practicable, small businesses as defined by section 3 of the 
Small Business Act (15 U.S.C. 632).

SEC. 10. TERMINATION.

    The Commission shall cease operations and terminate 6 years after 
the date of enactment of this Act.

SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO THE COMMISSION.

    (a) Submissions of Agency Information and Recommendations.--Not 
later than 120 days after the date of enactment of this Act and 120 
days after the beginning of each fiscal year thereafter, the head of 
each Federal agency shall submit to the Administrator and the Director 
of OMB the following:
            (1) Current data.--Current data of all Federal civilian 
        real properties owned, leased, or controlled by the respective 
        agency, including all relevant information prescribed by the 
        Administrator and the Director of OMB, including data related 
        to the age and condition of the property, operating costs, 
        history of capital expenditures, sustainability metrics, number 
        of Federal employees and functions housed in the respective 
        property, and square footage (including gross, rentable, and 
        usable).
            (2) Agency recommendations.--Recommendations which shall 
        include the following:
                    (A) Federal civilian properties that can be sold 
                for proceeds and otherwise disposed of, reported as 
                excess, declared surplus, or otherwise no longer 
                meeting the needs of the agency, excluding leasebacks 
                or other such exchange agreements where the property 
                continues to be used by the agency.
                    (B) Federal civilian properties that can be 
                transferred, exchanged, consolidated, co-located, 
                reconfigured, or redeveloped, so as to reduce the 
                civilian real property inventory, reduce the operating 
                costs of the Government, and create the highest value 
                and return for the taxpayer.
                    (C) Operational efficiencies that the Government 
                can realize in its operation and maintenance of Federal 
                civilian real properties.
    (b) Standards and Criteria.--Not later than 60 days after the date 
specified in subsection (a), the Director of OMB, in consultation with 
the Administrator, shall review agency recommendations submitted 
pursuant to subsection (a), and develop consistent standards and 
criteria against which agency recommendations will be reviewed. The 
Director of OMB and the Administrator shall develop recommendations to 
the Commission based on those standards and criteria. In developing the 
standards and criteria, the Director of OMB, in consultation with the 
Administrator, shall incorporate the following:
            (1) The extent to which the Federal building or facility 
        could be sold (including property that is no longer meeting the 
        needs of the Federal Government), redeveloped, or otherwise 
        used to produce the highest and best value and return for the 
        taxpayer.
            (2) The extent to which the operating and maintenance costs 
        are reduced through consolidating, co-locating, and 
        reconfiguring space, and through realizing other operational 
        efficiencies.
            (3) The extent to which the utilization rate is being 
        maximized and is consistent with non-governmental industry 
        standards for the given function or operation.
            (4) The extent and timing of potential costs and savings, 
        including the number of years, beginning with the date of 
        completion of the proposed recommendation.
            (5) The extent to which reliance on leasing for long-term 
        space needs is reduced.
            (6) The extent to which a Federal building or facility 
        aligns with the current mission of the Federal agency.
            (7) The extent to which there are opportunities to 
        consolidate similar operations across multiple agencies or 
        within agencies.
            (8) The economic impact on existing communities in the 
        vicinity of the Federal building or facility.
            (9) The extent to which energy consumption is reduced.
    (c) Special Rule for Utilization Rates.--Standards developed by the 
Director of OMB must incorporate and apply clear standard utilization 
rates consistent throughout each category of space and with 
nongovernment space utilization rates. To the extent the space 
utilization rates of a given agency fall below the utilization rates to 
be applied under this subsection, the Director may recommend 
realignment, co-location, consolidation, or other type of action to 
improve space utilization.
    (d) Submission to the Commission.--
            (1) In general.--The standards, criteria, and 
        recommendations developed pursuant to subsection (b) shall be 
        submitted to the Commission with all supporting information, 
        data, analyses, and documentation.
            (2) Publication.--The standards, criteria, and 
        recommendations shall be published in the Federal Register and 
        transmitted to the committees designated in section 5(c) and to 
        the Comptroller General of the United States.
            (3) Access to information.--The Commission shall also have 
        access to all information pertaining to the recommendations, 
        including supporting information, data, analyses, and 
        documentation submitted pursuant to subsection (a). Upon 
        request, Federal agencies shall provide, the Commission any 
        additional information pertaining to its properties.

SEC. 12. COMMISSION DUTIES.

    (a) Identification of Property Reduction Opportunities.--The 
Commission shall identify opportunities for the Government to reduce 
significantly its inventory of civilian real property and reduce costs 
to the Government.
    (b) Identification of High Value Assets.--
            (1) Identification of certain properties.--Not later than 
        180 days after Commission members are appointed pursuant to 
        section 4, the Commission shall identify not less than 5 
        Federal properties that are not on the list of surplus or 
        excess as of such date with a total fair market value of not 
        less than $500,000,000 and transmit the list to the President 
        and Congress as Commission recommendations and subject to the 
        approval process described in sections 13 and 14.
            (2) Information and data.--In order to meet the goal 
        established under paragraph (1), Federal agencies shall 
        provide, upon receipt, any and all information and data 
        regarding its properties to the Commission. The Commission 
        shall notify the committees listed under section 5(c) of any 
        failure by any agency to comply with a request of the 
        Commission.
    (c) Analysis of Inventory.--The Commission shall perform an 
independent analysis of the inventory of Federal civilian real property 
and the recommendations submitted pursuant to section 11. The 
Commission shall not be bound or limited by the recommendations 
submitted pursuant to section 11. If, in the opinion of the Commission, 
an agency fails to provide needed information, data or adequate 
recommendations that meet the standards and criteria, the Commission 
shall develop such recommendations as it considers appropriate based on 
existing data contained in the Federal Real Property Profile or other 
relevant information.
    (d) Receipt of Information and Proposals.--Notwithstanding any 
other provision of law, the Commission may receive and consider 
proposals, information, and other data submitted by State and local 
officials and the private sector. Such information shall be made 
publically available.
    (e) Accounting System.--Not later than 120 days after the date of 
enactment of this Act, the Commission shall identify or develop and 
implement a system of accounting to be used to independently evaluate 
the costs of and returns on the recommendations. Such accounting system 
shall be applied in developing the Commission's recommendations and 
determining the highest return to the taxpayer. In applying the 
accounting system, the Commission shall set a standard performance 
period.
    (f) Public Hearing.--The Commission shall conduct public hearings. 
All testimony before the Commission at a public hearing under this 
paragraph shall be presented under oath.
    (g) Reporting of Information and Recommendations.--
            (1) In general.--Not later than 120 days after the receipt 
        of recommendations pursuant to section 11, and annually 
        thereafter, the Commission shall transmit to the President, and 
        publicly post on a Federal website maintained by the Commission 
        a report containing the Commission's findings, conclusions, and 
        recommendations for the consolidation, exchange, co-location, 
        reconfiguration, lease reductions, sale, and redevelopment of 
        Federal civilian real properties and for other operational 
        efficiencies that can be realized in the Government's operation 
        and maintenance of such properties.
            (2) Recommendations for sale or disposal of property.--To 
        the extent the Commission recommendations include the sale or 
        disposal of real property, these properties may be reported as 
        excess, declared surplus, or determined as no longer meeting 
        the needs of the Federal Government, excluding leasebacks or 
        other such exchange agreements where the property continues to 
        be used by the Federal Government.
            (3) Consensus in majority.--The Commission shall seek to 
        develop consensus recommendations, but if a consensus cannot be 
        obtained, the Commission may include in its report 
        recommendations that are supported by a majority of the 
        Commission.
    (h) Federal Website.--The Commission shall establish and maintain a 
Federal website for the purposes of making relevant information 
publically available.
    (i) Review by GAO.--The Comptroller General of the United States 
shall transmit to the Congress and to the Commission a report 
containing a detailed analysis of the recommendations and selection 
process.

SEC. 13. REVIEW BY THE PRESIDENT.

    (a) Review of Recommendations.--Upon receipt of the Commission's 
recommendations, the President shall conduct a review of such 
recommendations.
    (b) Report to Commission and Congress.--Not later than 30 days 
after receipt of the Commission's recommendations, the President shall 
transmit to the Commission and Congress a report that sets forth the 
President's approval or disapproval of the Commission's 
recommendations.
    (c) Approval or Disapproval.--If the President--
            (1) approves of the Commission's recommendations, the 
        President shall transmit a copy of the recommendations to 
        Congress, together with a certification of such approval;
            (2) disapproves of the Commission's recommendations, in 
        whole or in part, the President shall also transmit to the 
        Commission and Congress the reasons for such disapproval. The 
        Commission shall then transmit to the President, not later than 
        30 days following the disapproval, a revised list of 
        recommendations;
            (3) approves all of the revised recommendations of the 
        Commission, the President shall transmit a copy of such revised 
        recommendations to Congress, together with a certification of 
        such approval; or
            (4) does not transmit to the Congress an approval and 
        certification described in paragraphs (1) or (3) within 30 days 
        of receipt of the Commission's recommendations or revised 
        recommendations, as the case may be, the process shall 
        terminate until the following year.

SEC. 14. CONGRESSIONAL CONSIDERATION OF THE RECOMMENDATIONS.

    (a) Joint Resolution of Approval.--If a House of Congress has not 
taken a vote on final passage of a joint resolution as described in 
subsection (c) within 45 days after the President's transmission to 
that House of the approved recommendations pursuant to section 13, then 
such vote shall be taken on the next day of session following the 
expiration of the 45-day period.
    (b) Computation of Time Period.--For the purposes of this section, 
the days on which either House of Congress is not in session because of 
adjournment of more than three days shall be excluded in the 
computation of the period of time.
    (c) Terms of the Resolution.--For purposes of this section, the 
term ``joint resolution'' means only a joint resolution--
            (1) which does not have a preamble;
            (2) the matter after the resolving clause of which is as 
        follows: ``That Congress approves the recommendations of the 
        Civilian Property Realignment Commission as submitted by the 
        President on _________, and notwithstanding any other provision 
        of law, the Federal agencies shall implement and carry out all 
        of the Commission's recommendations pursuant to section 15 of 
        the Civilian Property Realignment Act'', the blank space being 
        filled in with the appropriate date;
            (3) the title of which is as follows: ``Joint resolution 
        approving the recommendations of the Civilian Property 
        Realignment Commission''; and
            (4) which is introduced pursuant to subsection (d).
    (d) Introduction.--After a House of Congress receives the 
President's transmission of approved recommendations pursuant to 
section 13, the majority leader of that House (or a designee) shall 
introduce (by request, if appropriate) a joint resolution described in 
subsection (c)--
            (1) in the case of the House of Representatives, within 
        three legislative days; and
            (2) in the case of the Senate, within three session days.
    (e) Consideration in the House of Representatives.--
            (1) Referral and reporting.--Any committee of the House of 
        Representatives to which a joint resolution is referred shall 
        report it to the House without amendment not later than the 
        tenth legislative day after the date of its introduction. If a 
        committee fails to report the joint resolution within that 
        period, it shall be in order to move that the House discharge 
        the committee from further consideration of the joint 
        resolution. Such a motion shall be in order only at a time 
        designated by the Speaker in the legislative schedule within 
        three legislative days after the day on which the proponent 
        announces his intention to offer the motion. Notice may not be 
        given on an anticipatory basis. Such a motion shall not be in 
        order after the House has disposed of a motion to discharge a 
        joint resolution. The previous question shall be considered as 
        ordered on the motion to its adoption without intervening 
        motion except twenty minutes of debate equally divided and 
        controlled by the proponent and an opponent. If such a motion 
        is adopted, the House shall proceed immediately to consider the 
        joint resolution in accordance with paragraph (3). A motion to 
        reconsider the vote by which the motion is disposed of shall 
        not be in order.
            (2) Proceeding to consideration.--After the last committee 
        authorized to consider a joint resolution reports it to the 
        House or has been discharged (other than by motion) from its 
        consideration, it shall be in order to move to proceed to 
        consider the joint resolution in the House. Such a motion shall 
        be in order only at a time designated by the Speaker in the 
        legislative schedule within three legislative days after the 
        day on which the proponent announces his intention to offer the 
        motion. Notice may not be given on an anticipatory basis. Such 
        a motion shall not be in order after the House has disposed of 
        a motion to proceed with respect to that transmittal of 
        recommendations. The previous question shall be considered as 
        ordered on the motion to its adoption without intervening 
        motion. A motion to reconsider the vote by which the motion is 
        disposed of shall not be in order.
            (3) Consideration.--The joint resolution shall be 
        considered as read. All points of order against a joint 
        resolution and against its consideration are waived. The 
        previous question shall be considered as ordered on a joint 
        resolution to its passage without intervening motion except 
        five hours of debate equally divided and controlled by the 
        proponent and an opponent and one motion to limit debate on the 
        joint resolution. A motion to reconsider the vote on passage of 
        the joint resolution shall not be in order.
            (4) Post sine die.--If the House has adopted a concurrent 
        resolution providing for adjournment sine die at the end of a 
        Congress, a motion to discharge under paragraph (1) or a motion 
        to proceed under subparagraph (2) shall be in order as 
        applicable.
    (f) Consideration in the Senate.--
    (g) Amendments Prohibited.--No amendment to, or motion to strike a 
provision from, a joint resolution considered under this section shall 
be in order in either the Senate or the House of Representatives.
    (h) Consideration by Other House.--
            (1) In general.--If, before the passage by one House of a 
        joint resolution of that House described in subsection (c), 
        that House received from the other House a joint resolution 
        described in subsection (c), then the following procedures 
        shall apply:
                    (A) No committee referral.--The joint resolution of 
                the other House shall not be referred to a committee 
                and may not be considered in the House receiving it 
                except in the case of final passage as provided in 
                subparagraph (B).
                    (B) Joint resolution procedure.--With respect to a 
                joint resolution described in subsection (c) of the 
                House receiving the joint resolution the procedure in 
                that House shall be the same as if no joint resolution 
                had been received from the other House, but the vote on 
                final passage shall be on the joint resolution of the 
                other House.
            (2) No consideration.--Upon disposition of the joint 
        resolution received from the other House, it shall no longer be 
        in order to consider the joint resolution that originated in 
        the receiving House.
            (3) Exception.--This subsection shall not apply to the 
        House of Representatives if the joint resolution received from 
        the Senate is a revenue measure.
    (i) Rules of the Senate and House.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution described in this 
        section, and it supersedes other rules only to the extent that 
        it is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 15. IMPLEMENTATION OF COMMISSION RECOMMENDATIONS.

    (a) Carrying Out Recommendations.--Upon the enactment of a joint 
resolution described in section 14(c), Federal agencies shall 
immediately begin preparation to carry out the Commission's 
recommendations and shall initiate all activities no later than 2 years 
after the date on which the President transmits the recommendations to 
Congress. Federal agencies shall complete all recommended actions no 
later than the end of the 6-year period beginning on the date on which 
the President transmits the Commission's recommendations to Congress. 
All actions shall be economically beneficial and be cost neutral or 
otherwise favorable to the Government. For actions that will take 
longer than the 6-year period due to extenuating circumstances, each 
Federal agency shall notify the President and Congress as soon as the 
extenuating circumstance presents itself with an estimated time to 
complete the relevant action.
    (b) Actions of Federal Agencies.--In taking actions related to any 
Federal building or facility under this Act, Federal agencies may, 
pursuant to subsection (c), take all such necessary and proper actions, 
including--
            (1) acquiring land, constructing replacement facilities, 
        performing such other activities, and conducting advance 
        planning and design as may be required to transfer functions 
        from a Federal asset or property to another Federal civilian 
        property; and
            (2) reimbursing other Federal agencies for actions 
        performed at the request of the Commission.
    (c) Necessary and Proper Actions.--When acting on a recommendation 
of the Commission, a Federal agency shall continue to act within their 
existing legal authorities, whether such authority has been delegated 
by the Administrator, or must work in partnership with the 
Administrator to carry out such actions. The Administrator may take 
such necessary and proper actions, including the sale, conveyance, or 
exchange of civilian real property, as required to implement the 
Commission recommendations in the time period required under subsection 
(a).
    (d) Discretion of Administrator Regarding Transactions.--For any 
transaction identified, recommended, or commenced as a result of this 
Act, any otherwise required legal priority given to, or requirement to 
enter into, a transaction to convey a Federal civilian real property 
for less than fair market value, for no consideration at all, or in a 
transaction that mandates the exclusion of other market participants, 
shall be at the discretion of the Administrator.
    (e) McKinney-Vento Homeless Assistance Act Review.--Upon the 
enactment of a joint resolution described in section 14(c) and for not 
more than 90 days after such enactment, the Secretary of Housing and 
Urban Development shall apply section 501 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11411) to the extent practicable, to 
any buildings identified for disposal in the approved recommendations 
that are not more than 25,000 square feet or valued at less than 
$5,000,000.

SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized a one-time appropriation to 
carry out this Act in the following amounts:
            (1) $20,000,000 for salaries and expenses of the 
        Commission.
            (2) $62,000,000 to be deposited into the Asset Proceeds and 
        Space Management Fund for activities related to the 
        implementation of the Commission recommendations.
    (b) Federal Buildings Fund.--There is authorized to be appropriated 
from the Federal Buildings Fund established under section 592 of title 
40, United States Code, for construction and acquisition activities $0 
for fiscal year 2012.

SEC. 17. FUNDING.

    (a) Creation of Salaries and Expenses Account.--
            (1) Establishment of account.--There is hereby established 
        on the books of the Treasury an account to be known as the 
        ``Civilian Property Realignment Commission--Salaries and 
        Expenses'' account.
            (2) Necessary payments.--There shall be deposited into the 
        account such amounts, as are provided in appropriations Acts, 
        for those necessary payments for salaries and expenses to 
        accomplish the administrative needs of the Commission.
    (b) Creation of Asset Proceeds and Space Management Fund.--There is 
hereby established within the Federal Buildings Fund established under 
section 592 of title 40, United States Code, an account to be known as 
the ``Civilian Property Realignment Commission--Asset Proceeds and 
Space Management Fund'' which shall be used solely for the purposes of 
carrying out actions pursuant to the Commission recommendations 
approved under section 14. Notwithstanding section 3307 of title 40, 
United States Code, the following amounts shall be deposited into the 
account and made available for obligation or expenditure only as 
provided in advance in appropriations Acts for the purposes specified:
            (1) Such amounts as are provided in appropriations Acts, to 
        remain available until expended, for the consolidation, co-
        location, exchange, redevelopment, re-configuration of space, 
        disposal, and other actions recommended by the Commission for 
        Federal agencies.
            (2) Amounts received from the sale of any civilian real 
        property action taken pursuant to a recommendation of the 
        Commission under section 15. As provided in appropriations 
        Acts, such proceeds may be made available to cover necessary 
        costs associated with implementing the recommendations pursuant 
        to section 15, including costs associated with--
                    (A) sales transactions;
                    (B) acquiring land, construction, constructing 
                replacement facilities, conducting advance planning and 
                design as may be required to transfer functions from a 
                Federal asset or property to another Federal civilian 
                property;
                    (C) co-location, redevelopment, disposal, and 
                reconfiguration of space; and
                    (D) other actions recommended by the Commission for 
                Federal agencies.
    (c) Additional Requirement for Budget Contents.--The President's 
budget submitted pursuant to section 1105 of title 31, United States 
Code, shall include an estimate of proceeds that are the result of the 
Commission's recommendations and the obligations and expenditures 
needed to support such recommendations.

SEC. 18. DISPOSAL OF REAL PROPERTIES.

    (a) Environmental Considerations.--
            (1) Applicability of other law.--Public Law 91-190, as 
        amended, shall not apply to activities under section 11 of this 
        Act.
            (2) Civil action.--A civil action for judicial review, with 
        respect to any requirement of Public Law 91-190, as amended, to 
        the extent such public law is applicable to the actions under 
        section 15 of this Act, of any act or failure to act by a 
        Federal agency during the closing, realigning, or relocating of 
        functions under this Act, may not be brought more than 60 days 
        after the date of such act or failure to act.
            (3) Transfer of real property.--
                    (A) In general.--When implementing the recommended 
                actions pursuant to section 15 for properties that have 
                been identified in the Commission's recommendations and 
                in compliance with the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9601 et seq.), including section 120(h) thereof 
                (42 U.S.C. 9620(h)), Federal agencies may enter into an 
                agreement to transfer by deed real property with any 
                person.
                    (B) Additional terms.--The head of the disposing 
                agency may require any additional terms and conditions 
                in connection with an agreement authorized by 
                subparagraph (A) as the head of the disposing agency 
                considers appropriate to protect the interests of the 
                United States. Such additional terms and conditions 
                shall not affect or diminish any rights or obligations 
                of the federal agencies under CERCLA section 120(h) 
                (including, without limitation, the requirements CERCLA 
                section 120(h)(3)(A) and CERCLA section 
                120(h)(3)(C)(iv)).
            (4) Information disclosure.--As part of an agreement 
        pursuant to this Act, the agency shall disclose to the person 
        to whom the property or facilities will be transferred any 
        information of the Federal agency regarding the environmental 
        restoration, waste management, and environmental compliance 
        activities described in this Act that relate to the property or 
        facilities. The agency shall provide such information before 
        entering into the agreement.
    (b) Construction of Certain Acts.--Nothing in this section shall be 
construed to modify, alter, or amend the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

SEC. 19. CONGRESSIONAL APPROVAL OF PROPOSED PROJECTS.

    Section 3307(b) of title 40, United States Code is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) a statement of how the proposed project is consistent 
        with section 11(b) of the Civilian Property Realignment Act.''.

SEC. 20. LIMITATION OF CERTAIN LEASING AUTHORITIES.

    (a) Limitation on Certain Leasing Authorities.--Chapter 33 of title 
40, United States Code, is amended by adding at the end the following:
``Sec.  3317. Limitation on leasing authority of other agencies
    ``(a) In General.--Notwithstanding any other provision of law, no 
executive agency may lease space for the purposes of a public building 
as defined under section 3301, except as provided under section 585, 
and the provisions in this chapter.
    ``(b) Public Building.--For the purposes of this section, the term 
`public building' shall include leased space.
    ``(c) Further Exclusions.--This section shall not apply to--
            ``(1) properties that are excluded for reasons of national 
        security by the President; and
            ``(2) properties of the Department of Veterans Affairs.
    ``(d) Construction.--Nothing in this section shall be construed as 
creating new authority for executive agencies to enter into leases or 
limit the authority of the Administration under section 3314.''.
    (b) Small Businesses.--When using commercial leasing services, the 
Administrator shall adhere to the requirements of the Small Business 
Act (15 U.S.C. et seq.).
    (c) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end:

``3317. Limitation on leasing authority of other agencies.''.

SEC. 21. IMPLEMENTATION REVIEW BY GAO.

    Upon transmittal of the Commission's recommendations from the 
President to the Congress under section 13, the Comptroller General of 
the United States at least annually shall monitor, review the 
implementation activities of Federal agencies pursuant to section 15, 
and report to Congress any findings and recommendations.

SEC. 22. SENSE OF CONGRESS AND REPORTS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the Civilian Property Realignment Commission, should 
        take steps to provide assistance to small, minority, and woman-
        owned businesses seeking to be awarded contracts to redevelop 
        federal property;
            (2) the Civilian Property Realignment Commission and other 
        appropriate Federal officials should conduct a public 
        information campaign to advise small, minority, and women-owned 
        business firms with respect to contracts for the sale or 
        redevelopment of Federal property; and
            (3) firms that are awarded contracts pertaining to the 
        redevelopment of Federal property should, to the maximum extent 
        practicable, seek to award subcontracts for such contracts to 
        small, minority, and women-owned business firms.
    (b) Progress Reports.--Every 6 months, the Civilian Property 
Realignment Commission shall submit to the appropriate committees of 
Congress and the President, a report regarding contracting. Each such 
report shall indicate, as of the date of the submission of such report, 
the size of all business firms awarded contracts by the Commission and 
the size of all business firms awarded subcontracts under such 
contracts.

SEC. 23. CONSIDERATION OF LIFE-CYCLE COST REQUIRED.

    Section 3305 of title 40, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) Consideration of Life-Cycle Cost Required.--
            ``(1) Requirement.--The Administrator shall ensure that the 
        life-cycle cost of a public building is considered in the 
        construction or lease of a public building described in 
        paragraph (2).
            ``(2) Federal buildings subject to requirement.--A public 
        building is subject to the requirement under paragraph (1) if--
                    ``(A) construction or lease of the building begins 
                after the date of the enactment of the Civilian 
                Property Realignment Act;
                    ``(B) the estimated construction costs of the 
                building exceed $1,000,000;
                    ``(C) in the case of a lease, the square footage of 
                the property is more than 25,000 square feet; and
                    ``(D) Federal funding comprises more than 50 
                percent of the funding for the estimated construction 
                or lease costs of the building.
            ``(3) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Life-cycle cost.--The term `life-cycle cost' 
                means the sum of the following costs, as estimated for 
                the lifetime of a building:
                            ``(i) Investment costs.
                            ``(ii) Capital costs.
                            ``(iii) Installation costs.
                            ``(iv) Energy costs.
                            ``(v) Operating costs.
                            ``(vi) Maintenance costs.
                            ``(vii) Replacement costs.
                    ``(B) Lifetime of a building.--The term `lifetime 
                of a building' means, with respect to a building, the 
                greater of--
                            ``(i) the period of time during which the 
                        building is projected to be utilized; or
                            ``(ii) 50 years.''.

SEC. 24. LONG-TERM SAVINGS THROUGH LIFE-CYCLE COST ANALYSIS.

    Section 3307(b) of title 40, United States Code, as amended by 
section 19, is further amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) with respect to any prospectus for the construction, 
        alteration, or acquisition of any building or space to be 
        leased, a statement by the Administrator describing the use of 
        life-cycle cost analysis and any increased design, 
        construction, or acquisition costs identified by such analysis 
        that are offset by lower long-term costs.''.

            Passed the House of Representatives February 7, 2012.

            Attest:

                                                                 Clerk.
112th CONGRESS

  2d Session

                               H. R. 1734

_______________________________________________________________________

                                 AN ACT

    To decrease the deficit by realigning, consolidating, selling, 
disposing, and improving the efficiency of Federal buildings and other 
            civilian real property, and for other purposes.